INDIA SUGARS & REFINERIES LTD. versus AMRAVATHI SERVICE CO-OPERATIVE SOCIETY LTD.

INDIA SUGARS & REFINERIES LTD. versus AMRAVATHI SERVICE CO-OPERATIVE SOCIETY LTD.

It is necessary for the Government to give an opportunity to the growers of sugarcane as well as the producers of sugar to be heard when exercising powers under the 1966 Control Order for determining the additional price and granting exemption from payment of additional price, as an order granting exemption affects accrued rights of the growers and is subject to the principles of natural justice.

Parties
Appellant: India Sugars & Refineries Ltd.; Respondent: Amravathi Service Co-operative Society Ltd.; Respondent: Union of India
Jurisdiction
India
Judgment Date
19 November 1975
Procedural Posture
Civil Appeal / Appeal by Certificate From High Court
Outcome
appeals dismissed
Legal Topics
Sugarcane Control Orders, Price Fixation, Exemption From Statutory Payments, Rights of Agricultural Producers
Administrative Law Natural Justice Agricultural Law Sugarcane Control Orders Price Fixation Exemption From Statutory Payments Rights of Agricultural Producers

Case Brief

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Parties

India Sugars & Refineries Ltd.

Appellant

Amravathi Service Co-operative Society Ltd.

Respondent

Union of India

Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate From High Court

Legal Issues

  1. 1 Whether cane growers have a right to be heard before the Government grants exemption to sugar factories from payment of additional price under Sugarcane Control Order, 1966
  2. 2 Whether the order granting exemption without hearing growers is violative of principles of natural justice

Ratio Decidendi

It is necessary for the Government to give an opportunity to the growers of sugarcane as well as the producers of sugar to be heard when exercising powers under the 1966 Control Order for determining the additional price and granting exemption from payment of additional price, as an order granting exemption affects accrued rights of the growers and is subject to the principles of natural justice.

Court Disposition

appeals dismissed

Orders

  • Judgment of the High Court is affirmed.
  • Each party will pay and bear its own costs.